QuestionsQuestions (EXECUTIVE ORDER NO. 672)
RA 11165 is the “Telecommuting Act.” It institutionalizes telecommuting as an alternative work arrangement for employees in the private sector.
The State affirms labor as a primary social-economic force, protects workers’ rights and welfare, and promotes flexible work arrangements opened by technological development, including telecommuting.
Telecommuting is a work arrangement that allows a private-sector employee to work from an alternative workplace using telecommunication and/or computer technologies.
No. Under Section 4, an employer may offer a telecommuting program on a voluntary basis, and on terms and conditions mutually agreed upon by the parties.
The terms and conditions shall not be less than the minimum labor standards set by law. They must include compensable work hours, minimum number of work hours, overtime, rest days, and entitlement to leave benefits.
The employer must provide the telecommuting employee with relevant written information to apprise the individual of the terms and conditions of the telecommuting program and the employee’s responsibilities.
The employer must ensure telecommuting employees receive the same treatment as comparable employees working onsite. Key protections include: (a) pay and benefits not lower than law/CBAs, including overtime and night shift differential; (b) rest periods, regular holidays, and special nonworking days; (c) same or equivalent workload and performance standards; (d) same or equivalent training/career development and appraisal policies; (e) appropriate training on equipment and telecommuting conditions; and (f) the same collective rights and the right to communicate with worker representatives.
The employer must take measures to prevent isolation by giving the telecommuting employee the opportunity to meet colleagues regularly and allowing access to company information.
The employer is responsible for taking appropriate measures to protect data used and processed by the telecommuting employee for professional purposes, and must inform the telecommuting employee of all relevant laws and company rules concerning data protection.
The telecommuting employee must ensure that confidential and proprietary information is protected at all times.
It provides that the provisions of the Data Privacy Act of 2012 shall have suppletory effect, meaning they apply as supplementary rules.
First, treat the differences as grievances under the company’s applicable grievance mechanism. If there is no grievance mechanism or it is inadequate, refer the grievance to the regional office of DOLE with jurisdiction for conciliation.
To facilitate resolution of grievances, employers must keep documents proving that the telecommuting work arrangement was voluntarily adopted.
DOLE will establish and maintain a telecommuting pilot program in select industries. It lasts for not more than three (3) years.
DOLE must do baseline, scoping, and profiling research before implementation, and conduct regular quarterly monitoring and evaluation.
DOLE must submit a report to Congress on its findings.
The separability clause applies: if any provision or part is declared invalid, the remaining parts not affected remain in full force and effect.
It takes effect fifteen (15) days after its publication in the Official Gazette or in any newspaper of general circulation.